Page:Federal Reporter, 1st Series, Volume 10.djvu/685

 XIFFT V. SHARP. 678 �acts as aforesaid, and such further sum as the court shall deem equitable and just; anci that your orator may have such other or further relief in the prom- ises as equity may require and to your honors may seem meet." �The defendants demurred to the bill on the fol^owing grounds, to-wit : �First, tlifit the complainant is not entitled to a discovery upon which to predicats aforfeiture; second, that the complainant can have an effectuai and complete remedy at law ; and, third, that the bill is multifarious. �Coburn e Thatcher, for complainant. �Edward J. O'Brien, for defendants. �Tbeat, D. J. a demurrer is interposed to the bill on gronnda therein stated. The plaintiff, claiming to be the assignee of patents mentioned, granted to defendants a license for the use of the same on terms preecribed. A former suit was brought for an infringement, which this court held eould not be maintained so long as said license was oatstanding.* Its ruling was based on Hartell v. Tilghman, 99 U. S. 547. This suit is for the revocation of said license and for other relief. Under the allegations of the bill, if maintained, the plaintiff's right to relief will obtain, the measure thereof to follow as the facts may demand. �The court holds the demurrer not well taken, and the same is over- ruled. ���TiPFT V. Sharp and another. �{Circuit Court, S. Ji. New York. May 8, 1880.) �1. Patents— iMpnovBMENT on Gab Stovbb. �The combination of a flange around the top of a burner may make a new burner and a new combination on a burner, so as to be patentable, but the pat- ent would only cover the precise form of burner so made, and would be in- ■ fringea only by a burner of that exact form, or by such a flange with some other form of burner. �2. WhAT not iNVBNTTOir. �Perforations of aunular series are mere workmanghip, not invention. �In Equity. �Benj. F. Lee, for plaintiff. Arthur v. Briesen, for defendants. �Wheelbb, D. j. This suit is brought for an alleged infringement of reissued letters patent No. 7,077, granted to the plaintiff, April 25, �*See 7 FED. Rep. 208. v.lO.no.o— 43 ��� �